Trying to head off a national takeover by Congress of the city’s powers to control guns in the wake of the Supreme Court’s Second Amendment ruling, the Washington, D.C., City Council has adopted a new and narrower law to restrict possession of handguns.
Although the House of Representatives did pass the takeover measure (H.R. 6842) by a vote of 266-152, the bill faces strong resistance in the Senate. Thus, at least for the near future, it appears that gun rights in the District will be only those allowed in the new local legislation.
“We believe that any legitimate concerns by Congress on District gun laws should satisfied by the new laws,” said Acting Attorney General Peter Nickles.
The legislation will:
- Change definition of a machine gun. The definition of machine gun will be changed to track the federal government and several other states. The District will allow semi-automatic firearms while preserving a ban on all automatic weapons.
- It will now be illegal to possess, sell, or transfer any large capacity ammunition feeding device that has a capacity greater than 10 rounds of ammunition.
- The one pistol per person temporary registration limit will be removed and replaced with a one pistol per month limit.
- Add Child Access Provision. The current safe-storage law will be changed to make its current restrictions recommended instead of mandatory behavior. The Child Access provision will not allow District residents to store or keep any loaded firearm on any premises if they know that a minor is likely to gain access to the firearm.
- Clarify the limited circumstances when a firearm maybe carried without a license. The District’s laws are restated to make clear the limited circumstances when registered firearms may be carried without a license to include:
- Within the registrant’s home;
- While it is being used for lawful recreational purposes;
- While it is kept at the registrant’s place of business; or
- While it is being transported for a lawful purpose as expressly authorized by District or federal statute and in accordance with the requirements of that statute.
